The SRIS Maryland Criminal Defense Navigator: Your Immediate Action Plan

This tool outlines crucial steps to take from the moment you face potential charges. Use it to gather information and prepare for your initial consultation.

1. Secure Legal Counsel Immediately:
   • Action: Do not delay. Contact Law Offices Of SRIS, P.C. at 888-437-7747 the moment you suspect you are under investigation or have been charged.
   • Why: Early intervention by a seasoned criminal lawyer in Maryland can significantly impact the outcome, helping you avoid self-incrimination and protecting your rights from the outset.
2. Exercise Your Right to Remain Silent:
   • Action: Politely but firmly state that you wish to speak with your attorney before answering any questions from law enforcement.
   • Why: Anything you say can be used against you. It is your constitutional right to remain silent, and invoking this right protects you from inadvertently providing information that could harm your defense.
3. Do Not Resist Arrest or Obstruct Justice:
   • Action: Cooperate physically with law enforcement’s lawful commands, even if you disagree with the arrest. Do not argue, resist, or physically interfere.
   • Why: Resisting arrest or obstructing justice can lead to additional charges, complicating your legal situation significantly.
4. Document Everything You Remember:
   • Action: As soon as it is safe and practical, write down everything you recall about the incident, your interaction with police, and any statements made. Include dates, times, locations, and names of any witnesses.
   • Why: Your memory is freshest immediately after an event. These details can be crucial for your attorney in building your defense.
5. Gather Any Relevant Documents or Evidence:
   • Action: If applicable, collect any documents, photos, videos, text messages, or other items that might be relevant to your case. Keep them organized and secure.
   • Why: Physical evidence can corroborate your statements or challenge the prosecution’s claims. Your attorney will instruct you on what to share.
6. Understand Your Charges and Court Dates:
   • Action: Ensure you clearly understand the specific charges against you and all upcoming court dates (e.g., initial appearance, arraignment, preliminary hearing). Mark them on a calendar.
   • Why: Missing a court date can result in a bench warrant for your arrest and additional legal complications. Your attorney will keep you informed, but personal awareness is key.

This Navigator is a starting point. Your attorney will provide specific, tailored advice as your case progresses. Law Offices Of SRIS, P.C. is here to guide you through every step.

Navigating the criminal justice system without the right counsel can lead to critical missteps that jeopardize your defense. Avoiding these common mistakes is paramount:

1. Talking to Law Enforcement Without Your Attorney: This is arguably the most significant mistake. Any statements you make, even seemingly innocent ones, can be misinterpreted or used against you later. Politely but firmly invoke your right to remain silent and request an attorney.
2. Resisting Arrest or Obstructing Justice: While emotionally charged, physical resistance or interference with an officer’s lawful duties can lead to additional and serious charges, regardless of the original accusation.
3. Failing to Understand Your Charges and Rights: Many individuals do not fully comprehend the specific charges they face, the potential penalties, or their constitutional rights. This lack of understanding can lead to poor decisions.
4. Not Securing Legal Counsel Immediately: Delaying contacting a seasoned criminal lawyer in Maryland can result in missed opportunities to preserve evidence, interview witnesses, or influence early stages of the investigation.
5. Discussing Your Case on Social Media or with Non-Attorneys: What you post online or discuss with friends and family can become evidence against you. Assume everything you say or write could be used in court.
6. Missing Court Dates: Failing to appear in court as scheduled will almost certainly result in a bench warrant for your arrest, potentially leading to immediate incarceration and new charges.
7. Concealing Information from Your Attorney: Your attorney cannot effectively represent you if they don’t have all the facts, good or bad. Attorney-client privilege protects your communications, so be completely honest.
8. Violating Pre-Trial Release Conditions: If you are released on bail or personal recognizance, you will have conditions (e.g., no contact orders, drug testing). Violating these can lead to immediate re-arrest and revocation of bail.
9. Ignoring Plea Offers Without Professional Advice: While you have the right to trial, sometimes a carefully negotiated plea offer can be the best outcome, especially if the prosecution’s case is strong. Rejecting an offer without thorough legal analysis is a risk.
10. Failing to Document and Preserve Evidence: If you have any evidence that supports your innocence or challenges the prosecution’s narrative, it’s crucial to preserve it and provide it to your attorney.

Avoiding these common errors requires discipline and, most importantly, the guidance of a knowledgeable legal professional. Law Offices Of SRIS, P.C. ensures you are fully informed and empowered to make the best decisions throughout your criminal case.

Understanding the legal terminology is crucial when navigating the criminal justice system in Maryland. Here are some fundamental terms:

Arraignment:

The formal reading of criminal charges against a defendant in open court, where the defendant is asked to enter a plea of guilty, not guilty, or nolo contendere.

Bail:

Money or property pledged to the court to ensure a defendant’s appearance at future court dates. If the defendant appears, the bail is returned; if not, it is forfeited.

Discovery:

The pre-trial phase where both the prosecution and defense exchange information and evidence relevant to the case, including witness lists, police reports, and forensic findings.

Felony:

A serious crime, typically punishable by imprisonment for more than one year in a state prison, or by death. Examples in Maryland include murder, rape, and serious drug trafficking offenses.

Misdemeanor:

A less serious criminal offense, generally punishable by less than one year in jail, fines, or probation. Examples include petty theft, simple assault, and most traffic offenses like DUI.

Motion to Suppress:

A formal request made by the defense attorney to the court to exclude certain evidence from being presented at trial, typically on the grounds that it was obtained illegally or in violation of constitutional rights.

Probation:

A period of supervision under which a convicted person is allowed to remain in the community instead of being incarcerated, subject to certain conditions and rules set by the court.

The decision to seek a criminal lawyer in Maryland often arises from diverse and sometimes unexpected situations. Here are a few common scenarios that lead individuals to seek our authoritative guidance:

• Scenario 1: The Unexpected Traffic Stop that Led to DUI Charges

  Question: “I was pulled over for a minor traffic infraction in Montgomery County, but the officer suspected I was impaired. I performed field sobriety tests, and now I’m facing DUI charges. What should I do immediately, and can a seasoned lawyer help me avoid a conviction or minimize penalties under Maryland Transportation Article § 21-902?”

  Answer: Your immediate priority should be to contact a criminal defense attorney. Do not discuss the details with anyone other than your legal counsel. An experienced Maryland DUI lawyer will examine every aspect of your stop, including probable cause for the stop, the administration of field sobriety tests, and the calibration of breathalyzer equipment. Challenging the evidence is often possible, and we will work to protect your license and freedom.

• Scenario 2: Accused of Assault in a Disagreement

  Question: “I got into a heated argument with someone in Prince George’s County, and it escalated into a physical altercation. Now I’m charged with assault. I believe I was acting in self-defense. What are my options, and how does Maryland Criminal Law Article § 3-202 apply?”

  Answer: Assault charges, even misdemeanor ones, can have serious repercussions. If you believe you acted in self-defense, a seasoned attorney can gather evidence, interview witnesses, and present a compelling argument that your actions were justified under Maryland law. We will meticulously review the evidence against you, including witness statements and any video footage, to build a defense strategy focused on protecting your rights and freedom.

• Scenario 3: Dealing with Drug Possession Allegations

  Question: “Police found what they claim are controlled dangerous substances in my car during a routine stop in Baltimore. I’m charged with possession, and I’m worried about my future. What steps should I take, and what does Maryland Criminal Law Article § 5-601 mean for me?”

  Answer: Drug possession charges can lead to severe penalties, including incarceration and substantial fines. Your attorney will investigate the legality of the stop and search, assessing whether your Fourth Amendment rights against unlawful search and seizure were violated. We will explore all available defenses, including challenging the evidence, asserting lack of knowledge, or negotiating for diversion programs, aiming to achieve the best possible outcome under the strict provisions of the Maryland Criminal Law Article.

Here are answers to some of the most common questions individuals have when facing criminal charges in Maryland:

Q1: What is the difference between a misdemeanor and a felony in Maryland?
A1: In Maryland, a misdemeanor is a less serious crime generally punishable by a fine, probation, or up to one year in a local jail. A felony is a more serious crime, punishable by more than one year in state prison and often carrying more severe fines and long-term consequences, including the potential loss of certain civil rights.

Q2: Should I talk to the police if they want to question me?
A2: No. It is highly recommended that you politely but firmly assert your right to remain silent and request to speak with an attorney before answering any questions. Anything you say, even if you believe it’s helpful, can be used against you in court. This is a fundamental Fifth Amendment protection.

Q3: How important is bail, and how is it determined in Maryland?
A3: Bail is crucial for your freedom while your case is pending. In Maryland, bail is determined by a District Court Commissioner or Judge based on factors such as the severity of the alleged crime, your ties to the community, your criminal history, and whether you pose a flight risk or danger to others. A seasoned criminal lawyer can argue for lower bail or release on personal recognizance.

Q4: What is a preliminary hearing in Maryland?
A4: A preliminary hearing in Maryland District Court is a court proceeding for certain felony cases. Its purpose is for a judge to determine if there is enough probable cause to believe that a crime was committed and that you committed it, justifying the case being sent to the Circuit Court or a Grand Jury. Your attorney can waive this hearing if it is strategically beneficial.

Q5: What is “discovery” in a criminal case?
A5: Discovery is the legal process where the prosecution and defense exchange information and evidence. The defense attorney receives copies of police reports, witness statements, forensic results, and other evidence the State’s Attorney intends to use. This allows your attorney to understand the case against you and prepare a defense.

Q6: Can my charges be dropped or dismissed?
A6: Yes, charges can be dropped or dismissed. This can happen if the prosecution determines they lack sufficient evidence, if critical evidence is suppressed due to constitutional violations, or if your attorney successfully argues a motion to dismiss. A skilled criminal lawyer will aggressively pursue all avenues for dismissal.

Q7: What does “plea bargain” mean?
A7: A plea bargain (or plea agreement) is a negotiation between the prosecutor and your defense attorney. In exchange for your guilty plea to certain charges (often lesser ones or a specific number of charges), the prosecutor might agree to drop other charges or recommend a specific sentence to the judge. It can avoid the uncertainties of a trial.

Q8: What is the role of the Maryland State’s Attorney’s Office?
A8: The Maryland State’s Attorney’s Office (also known as the prosecutor’s office) represents the state in criminal proceedings. Their role is to investigate crimes, present evidence, and prosecute individuals accused of violating Maryland laws. There is a State’s Attorney’s Office for each county and Baltimore City.

Q9: How long does a criminal case typically take in Maryland?
A9: The duration of a criminal case in Maryland varies widely depending on the complexity of the charges, the court level (District vs. Circuit), and whether the case goes to trial. Misdemeanor cases in District Court might resolve in a few months, while complex felony cases in Circuit Court can take a year or more.

Q10: Can I get my criminal record expunged in Maryland?
A10: Maryland law allows for expungement (sealing or destroying) of certain criminal records, but eligibility depends on the specific charges, whether you were found guilty, and the time elapsed since the case concluded. Not all convictions are eligible for expungement. Your attorney can assess your eligibility and guide you through the process.

Q11: What if I believe my constitutional rights were violated?
A11: If you believe your rights (e.g., Fourth Amendment against unlawful search, Fifth Amendment right to silence) were violated, it is critical to inform your attorney immediately. Your lawyer can file a motion to suppress any evidence obtained illegally, which can significantly impact your case.

Q12: Is a Public Defender as good as a private criminal lawyer?
A12: Maryland Public Defenders are often very capable and dedicated attorneys. However, they typically manage heavy caseloads. A private criminal lawyer, especially one from Law Offices Of SRIS, P.C., can often provide more personalized attention, dedicate more time to your specific case, and has the resources to conduct independent investigations and hire experts if necessary, depending on the complexity of the matter.

Q13: What is a “bench trial” versus a “jury trial” in Maryland?
A13: In a bench trial, the judge alone hears the evidence and decides the verdict. In a jury trial, a group of citizens (the jury) hears the evidence and delivers the verdict. For most serious criminal cases in Maryland Circuit Court, you have the right to choose between a bench trial and a jury trial. Your attorney will advise which is best for your specific case.

Q14: What should I do if I am contacted by a victim or witness?
A14: If you are out on bail with conditions not to contact a victim or witness, you absolutely must comply. Even without such conditions, it is best not to communicate with victims or witnesses directly. Refer any inquiries to your attorney. Any communication could be misconstrued or used against you.

Q15: What happens after sentencing?
A15: After sentencing, if you are incarcerated, you will begin serving your time. If you receive probation, you will be placed under the supervision of a probation officer and must comply with specific conditions. Your attorney can explain the post-sentencing process, including potential appeals or expungement eligibility.